Acceptable Use and Service Guidelines Webcomposing is pleased to offer all its customers great customer and technical support. In order for Webcomposing to be able to continue to provide such great services, there has to be good communication and cooperation from both sides. The following policies and rules, have been setup in order for us to have good relations with the customer, and to keep our services running smoothly. By signing up with our services, you accept all these policies and rules. You understand that by following these rules, you will be able to get the most out of our provided services, and that by violating any of these policies you may be bound for an account deactivation. Our policies have been arranged into sections, in order for you to be able to navigate through them easier to find the information you need to know: If any terms or conditions are failed to be followed, it will result in grounds for account deactivation. Any contents on this, or any subsequent, page is subject to change without prior notice. Customer is responsible for regularly reviewing these Rules and Regulations (policies). Continued use of Webcomposing services following any such changes shall constitute the Customer's acceptance of such changes. .. Liability ..(covers legal aspects) .. Content .. (violating content, permissible content, etc...) .. Resources .. (covers various service resources regulations) .. Billing.. (covers billing procedures and regulations) .. Fees .. (covers add-on fees, penalty fees and other) .. Cancellation .. (covers cancellation procedure)   (1.1.a) Liability ........ - top - The subscriber agrees to hold Webcomposing harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Any and all material within a subscriber's account, is property and responsibility of that subscriber (unless the material is copyrighted, trademarked, etc...) Webcomposing shall have no liablity whatsoever for any direct, indirect, incidental, special or conesequential damages or losses (including, without information, or any other pecuniary loss) of Client or Client's customers or suppliers that result from the use of inability to access the Site or from the services provided by Webcomposing, or as a result of any errors, omissions, interruptions, power failures, computer viruses, data damage, deletion of files, defects, delays in operation, delays or failures of transmission, or any other failure of performance. In any event Client's recovery for any and all damages, losses and causes of action arising under this Agreement, whether in contract, tort or otherwise, shall not exceed the aggregate dollar amount paid by Client for the monthly service period during which the claim arose during the term of this Agreement.   (2.1.a) Content ........ - top - Any and all services provided by Webcomposing may be used for lawful purposes only. This means, that illegal material is strongly prohibited. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State and/or City law, is prohibited. Any data that violates international laws, is forbidden as well. All content that we judge threatening or obscene, and/or material protected by trade secret and other statue can and will be reviewed by Webcomposing. Any material that fits into any of the above and below cases, can be deleted with no prior warning by Webcomposing. (2.1.b) Unacceptable Content Webcomposing forbids any material that IS listed below. This includes links or any material referring to the following: Pirated software (illegal duplication, distribution of licensed software) Hackers material Child pornography (or other similar illegal content) Warez Sites (Cracks to licensed software for example) Illegal audio/video (illegal mp3, illegal recorded samples) Webcomposing will be the sole arbiter as to what constitutes a violation of this provision. You will be notified in time, and you'll have to remove (censor) the material we'll point out, immediately. If Webcomposing will need to contact you more than 3 times about a violation caused by you, your account will be discontinued with no refund. (2.1.c) Legal MP3 We will host websites that host mp3 material, as long as the following conditions are met: All MP3 on the site is legal No links made to outside illegal MP3 archives/websites It is customer's responsibility to know with no doubts, that the MP3 on his or her website does not violate any policies, laws, rules and regulations, trademarks and copyrights. (2.1.d) Violating Material If material is found within a subscriber's account, that is violating any of the policies and rules listed on this page, that subscriber will be held liable for the content. This includes material located at the subscriber's anonymous FTP.   Resources ........ - top - (3.1.a) Server Usage Many things can slow down a server. In order to guarantee the fastest possible connections, we need to monitor our servers for processes that overload them. Any party that slows our servers down, can and will be notified. Webcomposing reserves the right to kill any process (i.e. end a software's execution) that is overloading a server, or slowing it down heavily. (3.1.b) Server Abuse Any attempts to undermine or cause harm to a Webcomposing server or customer of Webcomposing is strictly prohibited, and is followed by an account deactivation with no refund. (3.1.c) Network and Server Usage Any accounts using constantly more than 20% of the network and system resources will be notified. Webcomposing will ask those accounts (using over 20% constantly) to remove certain material if those accounts are willing to stay, else those accounts will be asked to leave in order for all other clients to be able to benefit from speed and fast service. (3.2.a) Chat Software We do allow chat rooms if and only if the software is well programmed and doesn't take up too much of the system's resources. Webcomposing reserves the right to block your chat software directory at any time. Acceptable Chat Rooms are: CGI chat rooms used via browser ONLY (3.2.b) IRC and IRC bots We currently do not allow IRC or IRC bots to be operated on our servers, sorry. These tend to be huge system resource hogs. (3.3.a) Crontabs Crontabs are allowed to be run with the following restrictions: May not be run continuously May be initialized on a hourly interval minimum (not on a minute based in other words) (3.3.b) Background We don't allow for customers to setup their own background programs without our granted permission or acknowledgment. Background programs can and do slow down servers, therefore a small fee can be asked for in case the background program requires extra system resources. (3.3.c) Unacceptable background program Some of the background programs that we have had problems with in the past that slowed down the system, are not allowed anymore on a regular account. These include: JAVA chat servers CGI server push chats Webcams IRC bots (3.4.a) Through Traffic You may not use our servers for through traffic. This means, that if you want to download any material from a remote FTP server to your account directly (server to server), then this is not acceptable. This is usually done, when a person wants to download illegal material, or material from a very popular website, whose FTP server is extremely slow. If this policy is unclear to you, your customer, or any party directly involved in webhosting on any Webcomposing server, then please contact us with specific questions. (3.5.a) Spam - Commercial Advertising Email As long as multiple recipients haven't agreed to be on your mailing list, then spamming, or sending unsolicited email, from a Webcomposing server or using an e-mail address that is maintained on a Webcomposing machine is STRICTLY prohibited. Webcomposing scans the system and will be the sole arbiter as to what constitutes a violation of this provision. Webcomposing is committed to an anti-Spamming policy. Under this policy, we protect you and your customers by porhibiting Spam, or any unsolicited commercial e-mail, from being sent either: Over the Webcomposing network, by customers or any other users of the Webcomposing network (including customers' customers); AND/OR Over ANY network-if the message sent advertises or mentions a site hosted on the Webcomposing network. We react quickly and seriously to violations, and we further reserve the right to terminate the network services, with no refund, of any customer willfully disregarding this policy.   Billing ........ - top - (4.1.a) Payments Customer is responsible for making all payments on time. All services and products must be pre-paid by the customer (exceptions may apply). Any delayed or declined payments, will be blocked (but not deleted) automatically in 5 days (including weekends) after a reminder has been issued. If no payment is received within 2 days after the 5 days (or before), then account will be closed(exceptions may apply). Webcomposing reserves the right to completely remove an account at its own descretion, after an account has been completely closed. (4.1.b) Non-Payments In the event Webcomposing will not receive a payment for services to-be rendered, or already rendered, it reserves the right to refuse providing any kind of support to the customer until payment is received in full. It remains Webcomposing's choice as to how a customer shall be treated if a non-payment situation would arise. (4.1.c) Late Payments An additional late fee of 10% may be imposed on the customer in the event of a late payment. A late payment is defined by a credit card having been declined by a minimum of two consecutive times (or otherwise problematic), non-receipt of alternative method of payment to credit cards (i.e. check, money order, bank transfer) within 15 days after the due-date. (4.1.d) Bounced Checks A penalty fee on bounced checks, of an amount equivalent to that of the monthly account payment or $25 (whichever is lower), will be billed to customer on a bounced check. In such an event, Webcomposing reserves to block or even close the account until payment is received (including the penalty fee). (4.2.a) Refunds The first month of hosting is non-refundable as it includes, or better said, is the setup fee. In order for a customer to be eligible for a refund, no policy violations may have been made by the customer. (4.2.b) Acceptable Refunds All refunds requested with a valid complaint will get a refund of the month's hosting. A valid complaint is determined by Webcomposing. These include but are not limited to: Webcomposing server down for several days in a row No service provided in over a week IF customer can support or prove his or her complaint in a valid manner Webcomposing overcharged credit card (4.2.c) Unacceptable Complaints for Refund Some customers will request refunds, whereas their reasons are not valid. These include, but are not limited to: Slow connection caused by client's ISP/network Client's ignorance and/or negligence Already having logged in to his or her account many times Having used the account for whatever reasons Non-payment for service by customer (4.3.a) Changes At all times, is it customer's responsibility to make certain that Webcomposing has the most recent billing contact information on file. Webcomposing will only contact the billing contact person that is on file. (4.4.a) Refusal of Payment Webcomposing reserves the right to refuse a certain method of payment, does it deem to be necessary. Such action will be taken by Webcomposing, for late payments of an excessive amount of time, big sums, bounced checks, disputes, penalty fees, and any other fees that may be imposed due to customer's negligence. (4.4.b) Guaranteed Funds Any methods of payments that will guarantee the funds to Webcomposing (or Webcomposing, Inc.) will be accepted in the event of a ``Refusal of Payment". These include but at not limited to: Money Order Bank Transfer Western Union Credit cards will not be accepted for restoring a customer's credibility with Webcomposing. (4.5.a) Violations If a serious violation of any policy, warning and/or rule has been committed, Webcomposing reserves the right to block a user from hosting services for a lifetime, with no refund.   Fees ........ - top - (5.1.a) NIC fees Any and all fees for your domain name are to be paid to your national NIC. If Webcomposing is chosen by customer to act as the NIC, then payments for the domain name are to be sent to Webcomposing. (5.1.b) Domain Name renewals Customer is aware of any possible renewal NIC fees for his or her domain name. These fees are the responsibility of the customer, and are to be paid in full by the customer. Any and all NIC fees are to be paid directly to the NIC - or Webcomposing (if acting as the NIC for customer). (5.2.a) Add-on Service fees Account plans can be upgraded at customer's request, with the addition of an add-on service as offered and advertised on Webcomposing's website. Customer is responsible to prepay for all add-on services, prior the establishment of such services (exceptions may apply). (5.2.a) Specials & Discounts Quantity discounts and special offers may be made by Webcomposing on an individual basis for add-on services. Customer will be responsible for any agreed fees, as well as, any special pricing set forth by Webcomposing will: Expire if offer not taken advantage of within 15 days. Not be valid for a same future offer if cancelled. Not be resellable. Not necessarily valid for additional future requests. It is customer's choice and not responsibility, to inquire about discounts and/or special deals for add-on services. (5.3.a) Deductions In the event of a refund, Webcomposing reserves the right to deduct (on justified basis or cause) any fees from the refund prior issuing the refund. (5.4.a) Third Party fees Customer is responsible for any and all third party fees and are non-deductible from any funds that are due to Webcomposing. (5.5.a) Penalty fees Webcomposing tries to stay away from penalty fees, as Webcomposing nor the customer will ever intend to be in a situation that would require for such drastic action. Penalty fees may be imposed by Webcomposing if a serious violation is commited AND Webcomposing warning notices will go ignored and/or unanswered by the customer. A penalty fee will never exceed the monthly fee of the customer's account plan.   Cancellation ........ - top - (6.1.a) Cancellations Webcomposing will continue to provide service to a customer, until a signed cancellation form is received from the customer. The form must be sent by FAX. Until such form is received, Webcomposing will not cancel the account. In order for a cancellation to be valid, Webcomposing must confirm the cancellation. It is customer's responsibility to make certain that this confirmation is received. All confirmations by Webcomposing are made via e-mail (not by phone, not by FAX, not by regular mail or any other method). All charges will cease only after the cancellation notice has been received from the customer, and Webcomposing has confirmed the cancellation. (6.1.b) Responsibilities It is customer's responsibility to cancel an account before the due date. Any late cancellations, even one day after the billing date, are only effective after the billing date, meaning the customer is responsible for any and all charges prior the cancellation. Webcomposing will request identification information from the customer in order to perform an identity check on the person requesting the cancellation, to make sure that that person is authorized to perform such a cancellation. Such procedures may or may not be taken if the customer's account has already been closed due to non-payment. It is customer's responsibility to return such information to Webcomposing prior the next billing date, otherwise, the customer will be responsible for any and all charges that are made before the identification information is received. ........ - top - ... . . . . . ...